Workforce Protections Subcommittee Chairman Ryan Mackenzie said on July 22 that the subcommittee held a hearing to examine the Biden-Harris administration’s use of common interest agreements and the potential sharing of confidential investigative information with outside parties, including private law firms and advocacy groups. The hearing, titled “Broken Trust: How the Biden-Harris DOL Leaked Confidential Information,” featured Department of Labor Inspector General Anthony D’Esposito, who discussed findings from an Office of Inspector General investigation.
Mackenzie said, “Today’s hearing will examine the Biden-Harris administration’s use of common interest agreements to potentially channel confidential investigative information to outside parties—including private law firms and advocacy groups. The Committee is pleased to welcome Department of Labor (DOL) Inspector General Anthony D’Esposito to discuss the findings and recommendations of the Office of Inspector General’s (OIG) investigation regarding this matter.”
He added that in November 2024, an incident involving an Employee Retirement Income Security Act (ERISA) investigation revealed that confidential information had been shared with class action law firms. Mackenzie said, “When DOL agencies investigate potential violations of federal law, businesses and workers are required to turn over sensitive information—and they trust the government will protect it. However, in November 2024, the Committee uncovered an incident involving the Biden-Harris administration’s handling of an ERISA investigation that confirmed what many in the employee benefits community had long suspected: DOL was sharing confidential information with class action law firms to support private lawsuits.”
The committee requested a review by the Office of Inspector General after these concerns surfaced. Mackenzie stated that this review expanded beyond just one division: “Initially, the Committee’s concerns focused on the Employee Benefits Security Administration’s use of common interest agreements. The OIG subsequently expanded its review to examine similar practices and missteps within the Wage and Hour Division, and the Office of the Solicitor.”
According to Mackenzie, a June 2026 report by OIG found that “the Biden-Harris DOL shared confidential information with outside lawyers to potentially skew court cases—raising serious questions about fairness and public trust,” as well as failures in protecting sensitive data or tracking disclosures. He continued: “In some cases, DOL shared sensitive investigative information with outside lawyers before lawsuits had even been filed… The Department lacked basic safeguards, failed to screen for conflicts of interest, and allowed different offices to operate under different rules.”
The House Education and Workforce Committee manages federal programs concerning education, labor, health and workforce development; influences policy on issues such as student loans and worker protections; and serves in legislative matters related to education and labor, according to its official website.